CHAPTER 213 - MINES AND MINERALS DEVELOPMENT ACT, 2008: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Mines and Minerals Development (General) Regulations, 2016
Mining Appeals (Tribunal) Rules, 2018
Mines and Minerals Development (Remission) (Ndola Lime Company Limited) Regulations, 2020
MINES AND MINERALS DEVELOPMENT (REMISSION OF MINERAL ROYALTIES) (LUANSHYA COPPER MINES PLC) REGULATIONS, 2009
[Section 139]
Arrangement of Regulations
Regulation
Act 7 of 2008,
SI 66 of 2009.
These Regulations my be cited as the Mines and Minerals Development (Remission of Mineral Royalties) (Luanshya Copper Mines Plc) Regulations, 2009.
The Commissioner-General shall remit the whole or part of the mineral royalties payable by Luanshya Copper Mines Plc:
Provided that the amount remitted shall not be exceed the value of nine million United States Dollars (US$9, 000,000).
MINES AND MINERALS DEVELOPMENT (GENERAL) REGULATIONS, 2016
[Section 119]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
4. Geometric rules for cadastre coordinates
5. Cadastral coordinates and beacons setting
PART II
APPLICATION FOR A MINING RIGHT OR NON-MINING RIGHT
7. Application for mining right
8. Application for non-mining right
9. Application to export, import, etc., mineral, ore or mineral product
10. Application to export, sell, etc., radioactive minerals
11. Application for mineral analysis or valuation certificate
13. Assignment of identification code
15. Offer letter by Director of Mining Cadastre
16. Notice of rejection of application by Director of Mining Cadastre
17. Grant of mining right or non-mining right
19. Change in particulars of holder
20. Monthly sales and exports, purchases and imports by mineral trading permit holders
PART III
RENEWAL OF MINING RIGHT AND MINERAL PROCESSING LICENCE
21. Application for renewal of mining right or mineral processing licence
22. Application polygon for renewal
24. Rejection of application for renewal
PART IV
ALTERATION OF EXPLORATION OR MINING AREA
26. Application for alteration of exploration or mining area
27. Application polygon for alteration
PART V
TRANSFER OR ASSIGNMENT OF MINING RIGHT OR MINERAL PROCESSING LICENCE
29. Application for consent to transfer or to assign
30. Grant of consent to transfer or assign
PART VI
ABANDONMENT OF MINING RIGHT AREA
31. Application to abandon land subject to licence
32. Grant of certificate of abandonment
PART VII
ELECTRONIC SUBMISSION OF APPLICATION
33. Documents not permitted to be e-filed
34. General e-filing and e-payment principles
35. Validation of area of interest
36. Format of e-filed documents
38. Priority time for applications
39. User ID and electronic signature
41. Original documents to be maintained by persons
42. Proof of application or electronic payment
44. Printing of e-filed documents
47. Special provisions where rules not complied with
PART VIII
REPORTS BY MINING RIGHTS AND MINERAL PROCESSING LICENCE HOLDERS
49. Reports by holder of exploration licence
50. Monthly return of mineral production by mining and mineral processing licence holders
51. Submission of annual reports by mining and mineral processing licence holders
52. Programme of future operation
53. Submission of geological report
54. Submission of audited financial report
PART IX
GENERAL PROVISIONS
55. Commencement of exploration, mining and mineral processing operations
59. Construction of temporary beacon
60. Construction of permanent beacon
61. Defacing, alteration, destruction, etc., of temporal or permanent beacon
62. Destruction or disposal of samples
64. Revocation of S.I. No. 84 of 2008
SI 7 of 2016.
PART I
PRELIMINARY
These Regulations may be cited as the Mines and Minerals Development (General) Regulations, 2016.
In these Regulations, unless the context otherwise requires-
"abandonment" means the voluntary extinction of a mining right which may be total or partial and which is demanded by the holder by renunciation;
"Act" means the Mines and Minerals Development Act, 2015;
"alteration" in relation to a mining area, means the extension or the reduction of the size of the exploration or mining area;
"assignee" means a person who derives a right or interest in a licence or mining right from the holder of the licence or mining right;
"assignor" means a person who grants a right or interest in a licence or mining right to another person;
"cadastral coordinates" means the geographic sexagesimal coordinates used in the delineation of an area subject to a licence or mining right in accordance with these Regulations;
"cadastre unit" has the meaning assigned to it in the Act;
"cadastral map" means a map record of existing non-mining and mining rights;
"certificate of abandonment" has the meaning assigned to it in the Act;
"conventionally file" means the act of filing or saving of paper documents;
"Directors" has the meaning assigned to it in the Act;
"document management system" means the electronic document storage and imaging system maintained by the Mining Cadastre Office;
"e-filing" means electronic transmission of an original document;
"electronic" includes digital or online submissions;
"electronic document" means an original document in electronic format;
"electronic service" means electronic transmission of a document between a person and the Mining Cadastre Office;
"exploration area" means an area of land subject to an exploration licence;
"exploration licence" means an exploration licence granted under Part III of the Act;
"exploration operations" means operations carried out in the course of exploration;
"filing" means the process of submitting a document online, electronically or in paper form as applicable, at the Mining Cadastre Office;
"holder" means a person in whose name a mining right or non-mining right is registered under the Act;
"hyperlink" means an electronic connection or reference to another place in a document, such that when selected, the user is taken to the portion of the document to which the hyperlink refers;
"ID" means a unique user identification;
"mining information management system" means the system used by the Mining Cadastre Office to administer mining rights and non-mining rights;
"PDF" means portable document format, a file format that preserves all fonts, formatting colours and graphics of any source document, regardless of the application platform used;
"pegging certificate" means a certificate issued by a surveyor after demarcation of a licence or mining right in accordance with regulation 58;
"perimeter" means the external contour of the ground made up of contiguous cadastral units, which is the subject of a licence or mining right or an application for a licence or mining right;
"Priority ID" means a unique user identification number assigned in the mining rights management system to assign priority of an application for a mining right or mineral processing licence; and
"scanned format" means an electronic document created by scanning a paper format.
(1) For the purposes of the Act and these Regulations, the surface area of Zambia is divided into cadastre units in squares of six seconds by six seconds in conformity with the grid defined by geographic sexagesimal coordinates in degrees, minutes and seconds represented at the edge of cadastral maps.
(2) The cadastral maps shall be based on the official topographic map of the Republic of Zambia at the scale of 1:50,000 or 1:250,000 and based on the ellipsoid of Clarke 1880.
4. Geometric rules for cadastre coordinates
(1) Coordinates values shall be exact multiples of six seconds and all perimeters shall conform to the exact division.
(2) A polygon that forms an application for a licence or mining right shall be composed of an exact number of indivisible cadastre units which are contiguous.
(3) An isolated polygon or a polygon which is joined to another polygon by only one vertex shall not be included in a licence or mining right application.
(4) Mining activity in a polygon that partially falls outside a transnational boundary shall only be undertaken within the national boundaries.
(5) An applicable fee shall be payable in respect of a polygon covered by a mining right as set out in the Second Schedule.
5. Cadastral coordinates and beacons setting
(1) A setting out on the ground of the cadastral coordinates shall be made by the use of the official parameters for the transformation between the topographical map coordinates and the Global Positioning System (GPS) coordinates.
(2) The Mining Cadastre Office shall provide the parameters outlined under sub-regulation (1) in order to guarantee the homogeneity in the positioning of licences and mining rights.
(3) Where there is a contradiction between the field topographical data and the cadastral coordinates, the cadastral coordinates take priority.
(1) The Mining Cadastre Office shall maintain an updated cadastral map.
(2) The cadastral map and the cadastre registry shall be open to the public for inspection.
PART II
APPLICATION FOR A MINING RIGHT OR NON-MINING RIGHT
7. Application for mining right
(1) A person who wishes to undertake exploration or mining shall apply to the Director of Mining Cadastre for an exploration licence or a mining licence in Form I set out in the First Schedule upon payment of the fees set out in the Second Schedule.
(2) A person wishing to carry out mining activities in respect of radioactive minerals shall apply to the Minister for consent in Form I set out in the First Schedule.
8. Application for non-mining right
(1) A person who wishes to undertake mineral processing shall apply to the Director of Mining Cadastre for a mineral processing licence in Form II set out in the First Schedule upon payment of the fees set out in the Second Schedule.
(2) A person who wishes to trade in minerals shall apply to the Director of Mines for a mineral trading permit in Form III set out in the First Schedule upon payment of the fees set out in the Second Schedule.
(3) A mineral trading permit shall cover the following classes of minerals-
(a) gemstones;
(b) precious metals;
(c) base metals; and
(d) industrial minerals.
(4) A person who intends to conduct gold panning shall apply to the Director of Mines for a Gold Panning Certificate in Form IV set out in the First Schedule upon payment of the fees set out in the Second Schedule.
9. Application to export, import, etc., mineral, ore or mineral product
A person who intends to import or export any mineral, ore or mineral product shall apply for a permit to the Director of Mines in Form V set out in the First Schedule upon payment of the fees set out in the Second Schedule.
10. Application to export, sell, etc., radioactive minerals
A person who intends to acquire, store, transport, sell, import or export radioactive minerals shall apply to the Minister for consent in Form VI set out in the First schedule upon payment of the fees set out in the Second Schedule.
11. Application for mineral analysis or valuation certificate
A person shall apply to the Director of Geological Survey for a mineral analysis certificate or a valuation certificate in Form VII set out in the First Schedule upon payment of the fees set out in the Second Schedule.
An agent who makes an application, under these Regulations, on behalf of another person shall submit, together with the application, the authority to act as an agent in Form VIII set out in the First Schedule.
13. Assignment of identification code
The Mining Cadastre Office shall, upon receipt of an application under these Regulations, assign an identification code to the application.
(1) An applicant for a mining right or a mineral processing licence shall provide a paper copy and an electronic copy of geographical coordinates of the area of land in respect of which the licence is sought, except that where there are more than twelve geographical coordinates, a paper copy shall only contain the first twelve geographical coordinates.
(2) The geographical coordinates of the area of land referred to in sub-regulation (1) are valid from the date of an application to the date of the grant or rejection of the application.
(3) A subsequent application that relates to a part or whole of the perimeter of an area already applied for shall be considered as partially or wholly overlapping with an area which is the subject matter of an application with a right of priority under these Regulations.
15. Offer letter by Director of Mining Cadastre
(1) The Director of Mining Cadastre shall, where the Mining Licensing Committee approves an application made under these Regulations-
(a) inform the applicant of the approved application through any of the following-
(i) notification in the print media;
(ii) regular notices at the central or regional Cadastre Offices;
(iii) short messaging system (SMS); or
(iv) electronic mail; and
(b) issue a letter of offer to the applicant stipulating the conditions of the offer in Form IX set out in the First Schedule.
(2) A letter of offer issued under sub-regulation (1) is valid for 30 days from the date of notification.
(3) Where an applicant, through payment of area charges set out in the Second Schedule, accepts the offer referred to in sub-regulation (1), the Mining Licensing Committee shall grant the applicant the licence.
16. Notice of rejection of application by Director of Mining Cadastre
The Director of Mining Cadastre shall where the Mining Licensing Committee rejects an application for a mining right or Mineral Processing Licence, inform the applicant of the rejection in Form X set out in the First Schedule.
17. Grant of mining right or non-mining right
(1) A grant of a mining right or non-mining right shall be in Form XVIII, XIX and XX, as the case may be, set out in the First Schedule.
(2) A grant of a certificate, permit or authorisation shall be in Form XXI, XXII, XXIII, XXIV, XXV, XXVI and XXVII, as the case may be, set out in the First Schedule.
(3) The terms and conditions of a licence, certificate, permit or authorisation, as the case may be, are as set out in the Third Schedule.
(1) An application to amend a mining right or mineral processing licence shall, upon payment of the fees set out in the Second Schedule, be made to the Director of Mining Cadastre in Form XI set out in the First Schedule.
(2) Where the application for amendment relates to the inclusion of minerals -
(a) for a mining right or mineral processing licence, the application shall include a programme of operations for the additional minerals approved by the Director of Mines or Director of Geological Survey, as the case may be; or
(b) which are radioactive, the holder of a mining right or mineral processing licence shall comply with the requirements of the Act and the Mines and Minerals Development (Prospecting, Mining, and Milling of Uranium Ore and other Radioactive Mineral Ores) Regulations, 2008.
19. Change in particulars of holder
A holder of a mining or non-mining right shall inform the Mining Cadastre Office of any change in the particulars of the holder in Form XII set out in the First Schedule.
20. Monthly sales and exports, purchases and imports by mineral trading permit holders
The holder of a mineral trading permit shall submit to the Director of Mines a record of the-
(a) monthly sales and exports in Form XXXI set out in the First Schedule; and
(b) monthly purchases and imports in Form XXXII set out in the First Schedule.
PART III
RENEWAL OF MINING RIGHT AND MINERAL PROCESSING LICENCE
21. Application for renewal of mining right or mineral processing licence
(1) An application for renewal of a mining right or mineral processing licence shall be made-
(a) for an exploration licence, six months before the expiry of the licence;
(b) for a mining licence, in the case of-
(i) artisanal mining, three months before the expiry of the licence;
(ii) small-scale mining, six months before the expiry of the licence; and
(iii) large-scale mining, one year before the expiry of the licence; and
(c) for a mineral processing licence, one year before the expiry of the licence.
(2) An application for renewal of a mining right shall be in Form XIII set out in the First Schedule.
(3) An application for renewal of a mining right in respect of radioactive minerals shall be in Form XIII set out in the First Schedule.
(4) An application for renewal of a mineral processing licence shall be in Form XIV set out in the First Schedule.
22. Application polygon for renewal
The Mining Cadastre Office shall, in accordance with regulation 5, provisionally plot onto the cadastral maps the perimeter that relates to an application for renewal of a mining right or mineral processing licence.
(1) The Mining Licensing Committee shall reject an application to modify the current perimeter that covers a new adjacent area where-
(a) a part of the proposed area overlaps an area that is already subject to another mining right or licence or is under application;
(b) a minimum of 25 per cent of the original exploration area is not part of the modified area; and
(c) the area falls below the minimum prescribed for safe mining operations.
(2) The Director of Mining Cadastre shall, where the Mining Licensing Committee rejects an application under sub-regulation (1), inform the applicant of the rejection in Form X set out in the First Schedule.
(3) A new area that is annexed to a licence shall conform with the maximum duration, and the prescribed fees, applicable to the original licence or mining right.
24. Rejection of application for renewal
(1) The Director of Mining Cadastre shall, where the Mining Licensing Committee rejects an application for renewal of a mining right or non-mining right, inform the applicant of the rejection in Form X set out in the First Schedule.
(2) The Director of Mining Cadastre shall, in addition to sub-regulation (1), endorse the rejection on the licence issued in respect of the mining right or non-mining right.
The Director of Mining Cadastre shall, where the Mining Licensing Committee approves an application for renewal of a mining right or mineral processing licence, endorse the approval on the licence issued in respect of the mining right or mineral processing licence.
PART IV
ALTERATION OF EXPLORATION OR MINING AREA
26. Application for alteration of exploration or mining area
(1) A holder intending to alter the holder's exploration area or mining area shall apply to the Director of Mining Cadastre, in Form XV set out in the First Schedule.
(2) A new exploration area or mining area shall conform to the prescribed cadastral units and the geometrical rules specified under regulation 4.
(3) The maximum surface area for which a licence or mining right may be granted shall not exceed the area stipulated in sections 21 and 30 of the Act.
27. Application polygon for alteration
The Mining Cadastre Office shall, pending the approval of an application for alteration of an exploration area or a mining area, provisionally plot the new perimeter on the cadastral map and record the new perimeters in accordance with regulation 5.
(1) The Mining Licensing Committee shall, where an application for alteration of an exploration area or a mining area meets the requirements of the Act and these Regulations, approve the application.
(2) Where the Mining Licensing Committee approves an application for alteration of an exploration area or mining area, the Director of Mining Cadastre shall endorse the approval on the licence issued in respect of that mining right.
PART V
TRANSFER OR ASSIGNMENT OF MINING RIGHT OR MINERAL PROCESSING LICENCE
29. Application for consent to transfer or to assign
(1) An application for consent to-
(a) register the transfer of a share or shares in a company which holds a mining right or mineral processing licence;
(b) transfer control of a company which holds a mining right or mineral processing licence; or
(c) transfer or assign a mining right or mineral processing licence;
shall be in Form XVI set out in the First Schedule.
(2) An application under paragraph (c) of sub-regulation (1) shall be-
(a) made by an assignor at any time during the validity of a mining right but not less than 120 days before the expiry of the license; and
(b) be accompanied by an application for a mining right or mineral processing licence, as the case may be, made by the prospective assignee.
(3) The periods stipulated in sub-regulation (1) of regulation 21 apply to this regulation, with the necessary modifications.
30. Grant of consent to transfer or assign
The Minister shall, where an application made under regulation 29 meets the requirements of the Act and these Regulations, grant consent to assign or transfer a mining right or mineral processing licence in Form XXX set out in the First Schedule.
PART VI
ABANDONMENT OF MINING RIGHT AREA
31. Application to abandon land subject to licence
An application for the abandonment of all or any part of any land subject to a mining or exploration licence shall be in Form XVII set out in the First Schedule.
32. Grant of certificate of abandonment
The Director of Mining Cadastre shall, where the Director of Mining Cadastre approves an application for the abandonment of land, grant the certificate of abandonment in Form XXVIII set out in the First Schedule.
PART VII
ELECTRONIC SUBMISSION OF APPLICATION
33. Documents not permitted to be e-filed
Despite any other provisions for electronic and online submissions, the following documents shall be filed conventionally, unless expressly required to be filed electronically by the Director of Mining Cadastre-
(a) feasibility study reports;
(b) environmental impact study reports;
(c) any other reports and submissions as determined by Director of Mining Cadastre.
34. General e-filing and e-payment principles
(1) Where a matter under these regulations requires the filing of an application, document or statutory report, the submissions may be filed electronically at the Mining Cadastre Office or online.
(2) A person may pay by electronic methods established by the Mining Cadastre Office.
(3) A person who wishes to make an electronic application shall, prior to submission, register as a user in the mining rights management system.
(4) A person who submits an application for a mining right or mineral processing license shall have the option to select the area of application by-
(a) direct entry of geographical coordinates in the system;
(b) selection of cadastre units in the system;
(c) uploading geographical coordinates from a soft copy medium into the system; or
(d) attachment of prescribed appendices using the PDF format.
35. Validation of area of interest
(1) Following submission of the area of interest electronically, the area of application shall be validated by the system against valid mining rights and earlier mining rights applicable to enable the user identify-
(a) if the area of interest is free; or
(b) partial or total overlaps.
(2) Where the area of interest partially overlaps, the applicant has the option to select free cadastre units for submission.
(3) Upon submission of a revised application under sub-regulation (2), the application shall be stored in the system for 24 hours within which time the application fee must be paid failure to which the application lapses.
(4) Upon payment of the application fee, the system shall assign a unique priority user name (ID) which shall also carry priority of the application in relation to other applications.
36. Format of e-filed documents
(1) A person shall ensure that an electronically filed document is formatted in accordance with the applicable formatting of paper documents acceptable to the Director of Mining Cadastre.
(2) The Director of Mining Cadastre shall specify the format acceptable for submission.
(3) The Director of Mining Cadastre may require a person to produce the original of a scanned document that has been filed electronically.
(1) A person may electronically submit a document in Microsoft Word, Microsoft Excel, Rich Text Format, Portable Document Format and any standard non-proprietary graphic formats.
(2) Coordinates to be uploaded shall be submitted in Microsoft Excel format longitudes and latitudes in geographical format.
38. Priority time for applications
(1) An application submitted online or electronically shall be queued up and assigned priority time and date by the system.
(2) A priority time and date assigned shall be based on the Zambian official time zone.
39. User ID and electronic signature
(1) The Director of Mining Cadastre shall register users and provide each user with a unique user name (ID) and password.
(2) The user name referred to in sub-regulation (1), when used in conjunction with the personally selected password, constitutes a signature of the registered user on documents and management of licences and applications in the mining rights management system.
(3) Despite sub-regulation (2), a user may apply an electronic signature to a document to be submitted for purposes of these Regulations.
(4) In order to ensure the intent of the holder or applicant, the signature line on an electronically filed document shall bear the printed name of the user preceded by the symbol "/s/".
(5) An electronic document may be signed by the Registrar of Mining Rights through the use of a printed signature preceded by the "/s/" symbol or through the use of the official signature stamp.
(6) The official signature stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed electronically.
(7) A document which requires the signature of a holder or an applicant shall be filed with the Mining Cadastre Office in paper format scanned and maintained in a manner consistent with applicable record retention and archival rules.
(8) Where the document submitted is free from infection, the document shall be considered submitted and the Mining Cadastre Office shall send acknowledgment of receipt through the mining rights management system.
(9) A document which has been successfully received shall be reviewed for compliance with prescribed requirements and filing standards and where it complies with standards, shall be accepted and considered filed as of date and time it was received by mining rights management system.
A holder of or applicant for a mining right or mineral processing licence shall have the same responsibility as a person filing a document in paper format and shall ensure that the document is properly completed and filed.
41. Original documents to be maintained by persons
(1) Despite any other provisions under these Regulations a person filing an application shall not submit a paper copy of the applications unless ordered to do so by the Mining Cadastre Office.
(2) Where the Act or these Regulations require that a paper document be submitted in its original form, a person shall submit the original hard copy within five days of a demand by the Director of Mining Cadastre.
42. Proof of application or electronic payment
Where a document has been submitted electronically, the document shall be considered to have been received when it has arrived at the hosting server for incoming communications in connection with which the user ID or signature is associated.
(1) The mining rights management system shall make available online basic mining rights information.
(2) The Director of Mining Cadastre shall make electronically filed, scanned documents and mining rights information available to the public.
44. Printing of e-filed documents
An electronically filed document shall be maintained in a printed format with the same content and formatting as if printed from its author program.
(1) A certified copy of an electronically filed document may be obtained electronically or be issued in the conventional manner by the Director of Mining Cadastre, as applicable.
(2) A certified copy shall be granted in the conventional paper format.
The Mining Cadastre Office is not liable for any break in service, malfunction or error occurring in online or electronic transmission or receipt of electronically filed documents.
47. Special provisions where rules not complied with
(1) The Director of Mining Cadastre may determine, if necessary, specific instructions connected with online and e-filing through an electronic entry in the system.
(2) The Director of Mining Cadastre shall determine if any application deadlines may be extended as a result of rejection of e-filed documents.
(3) The Director of Mining Cadastre may order a person to resubmit any document that is not compliant with the rules or may order the documents to be filed conventionally.
(1) All fees applicable to conventional hard copy applications apply to online and electronic applications and submissions.
(2) A document, application or statutory report which requires to be accompanied by a fee or penalty may be rejected within 24 hours, if the payment has not been rendered.
PART VIII
REPORTS BY MINING RIGHTS AND MINERAL PROCESSING LICENCE HOLDERS
49. Reports by holder of exploration licence
(1) The holder of an exploration licence shall-
(a) at quarterly intervals, on or before the 30th day of the month following the end of each quarter, submit to the Director of Geological Survey and Director of Mines Safety a comprehensive report, which shall consist of a paper and electronic copy, relating to exploration operations carried out during the previous quarter supported by-
(i) maps and diagrams showing the areas where exploration operations have been carried out, and the locations where excavations have been made and boreholes sunk and the relevant geological data;
(ii) documents and maps showing the results of a geological, geochemical or geophysical surveys;
(iii) sections showing strata or ore bodies penetrated in an excavation or borehole and assay results; and
(iv) documents showing the average number of employees broken into number and category of Zambian citizens and expatriates employed during the previous quarter in carrying out exploration operations;
(b) submit to the Director of Geological Survey and Director of Mines Safety an annual comprehensive report of exploration operations, on or before the end of the first month following the end of the year, which shall include-
(i) a comprehensive summary of all pertinent geological, geochemical and geophysical data supported by maps, diagrams and sections and including in particular details of mineralisation revealed, calculations and estimates of ore reserves and the data on which such calculations and estimates are based;
(ii) a brief description of work undertaken; and
(iii) proof of the holder's compliance with the approved local business development programme; and
(c) within six months of the expiry of each tenure of the licence, an interpretative report of exploration operations carried on during the period of the licence which includes-
(i) a comprehensive summary of all pertinent geological, geochemical and geophysical data supported by maps, diagrams and sections and including in particular details of mineralisation revealed, calculations and estimates of ore reserves and the data on which such calculations and estimates are based;
(ii) a brief description of work undertaken; and
(iii) details of beneficiation tests carried out.
(2) A holder of an exploration licence who wishes to apply for a mining licence shall include information provided for in paragraph (c) of sub-regulation (1).
50. Monthly return of mineral production by mining and mineral processing licence holders
(1) The holder of a mining licence or mineral processing licence shall, on or before the 15th day of each month, submit to the Director of Mines and Director of Mines Safety in respect of the preceding month a return of the quantities and value of mineral products produced from the mining area or mineral processing area, whether by way of trial or regular business of the removal of minerals from the mining area, in Form XXXIII and XXXIV, as the case may be, in the First Schedule.
(2) The mineral production return shall include a record of ore hoisted and treated and other information considered necessary to accurately record the value and quantity of minerals produced and processed.
51. Submission of annual reports by mining and mineral processing licence holders
(1) The holder of a mining licence or mineral processing licence shall submit to the Director of Mines and Director of Mines Safety not later than the 28th of February in each year, a report on the operations carried out in the mining area and operations ancillary thereto during the year ending on the previous 31st December.
(2) The report referred to in sub-regulation (1) shall include-
(a) tonnage, type and grade of ore milled and its source;
(b) tonnages and grade of ore depleted from or added to reserves or moved from one category of ore reserve to another;
(c) a report on exploration work carried on within the mining area;
(d) the total footages of primary development, secondary development and exploratory drilling completed;
(e) calculations showing the ore recovery and dilution factors;
(f) the recovery percentages and efficiency of all mining and metallurgical processes and a metallurgical balance sheet showing the disposition of all metal and mineral products depleted from the ore reserves;
(g) a brief report on research projects or major technical investigations carried out and results to date;
(h) an operating cost sheet showing in detail the average cost of production expressed in cost per ton of ore mined and treated and cost per unit of finished product;
(i) a statement of work carried out on capital projects, and expenditure thereon;
(j) quantities and grade of end products produced, quantities sold and average selling prices;
(k) average number of employees broken into number and category of Zambian citizens and expatriates employed during the previous year;
(l) the holders' compliance with the approved local business development programme; and
(m) a brief report on training carried out.
52. Programme of future operation
(1) The holder of a mining licence or mineral processing licence shall submit to the Director of Mines and Director of Mines Safety not later than the last day of November in each year a programme of operations in respect of the mining area for the ensuing year commencing on the following 1st January.
(2) The programme referred to in sub-regulation (1) shall include -
(a) an estimate of the tonnages and grades of ore or other material that will be mined or reclaimed and treated and their source;
(b) an estimate of primary and secondary development and exploratory drilling planned for the year;
(c) an estimate of the quantities of mineral products which will be produced, estimated average operating costs and anticipated selling prices for the year;
(d) details and estimated cost of capital projects to be undertaken;
(e) a forecast of changes anticipated in the mining methods, treatment processes or marketing arrangements;
(f) a statement of research projects or major investigations to be carried out;
(g) estimated number of staff and labour requirements, stating the number of and category of Zambians and expatriates to be employed;
(h) a brief preview of the training programme for the year; and
(i) a brief preview of the local business development programme for the year.
53. Submission of geological report
The holder of a mining licence shall, at intervals of two years, submit to the Director of Mines and Director of Geological Survey a detailed report of exploration activity including details of mineralisation and calculated and estimated ore reserves in the mining area and the data on which the calculation is based.
54. Submission of audited financial report
The holder of a mining licence or mineral processing licence shall submit to the Director of Mines and Director of Mines Safety a copy of audited annual financial statements within three months of the end of each financial year.
PART IX
GENERAL PROVISIONS
55. Commencement of exploration, mining and mineral processing operations
(1) The holder of an exploration licence shall commence operations in accordance with the approved programme not later than six months from the date of grant of the licence.
(2) The holder of a mining licence or mineral processing licence shall commence operations in accordance with the approved programme of operations.
A notice of appeal shall be in Form XXXV set out in the First Schedule.
(1) The fees set out in the Second Schedule are applicable for the matters stipulated therein.
(2) The minimum annual exploration expenditures are as set out in the Second Schedule.
(3) A holder of a mining right or mineral processing licence shall pay the area charges set out in the Second Schedule on or before the anniversary of the grant of the mining right or mineral processing licence.
(4) A holder of an exploration licence, mining licence or mineral processing licence who defaults on payment of the area charges commits an offence and is liable, upon conviction to a fine not exceeding five hundred thousand penalty units.
(1) An application under these Regulations shall not be approved if the area covered in the application overlaps a neighbouring mining right or mineral processing licence.
(2) Following the grant of a licence under these Regulations, a holder of a mining right or mineral processing licence, subject to the direction of the Mining Cadastre Office shall, at the holder's cost-
(a) survey the mining right area and place-
(i) temporary beacons for an exploration licence; or
(ii) permanent beacons for a mining or mineral processing licence; and
(b) obtain a pegging certificate.
(3) A pegging certificate shall be in Form XXIX set out in the First Schedule and shall be submitted to the Mining Cadastre Office.
59. Construction of temporary beacon
A temporary beacon consists of an iron bar, or a hard wood or wooden pole treated with preservative, two metres in length and 50 centimetres into the ground, surrounded by a pile of stones not less than 60 centimetres in diameter at the base and not less than one metre high and having attached to it a plate bearing the following details-
(a) the registered number of the exploration licence and the name of the holder of the licence;
(b) the date of beaconing; and
(c) the beacon number.
60. Construction of permanent beacon
(1) A permanent beacon consist of-
(a) an iron pin, not less than 38 centimetres long and one and a half centimetres in diameter, set in concrete not less than 150 cubic centimetres, and buried so that the top of the pin is at least 25 centimetres below the surface of the ground;
(b) a masonry or concrete pillar not less than 90 by 90 centimetres at the base, not less than 50 by 50 centimetres at the apex, and not less than one meter high, built centrally over the pin or hole;
(c) an iron pin concreted into the pillar plumbed centrally over the buried pin or hole and projecting beyond the apex of the pillar for a distance not more than one and half centimetres; and
(d) a rustproof metal plate, not less than five by five centimetres, securely attached to the pillar and bearing on it the following details-
(i) the markings for the purpose of identifying the beacon by the land surveyor in accordance with the Survey Regulations;
(ii) the registered number of the mining licence or mineral processing licence concerned and the name of the holder of the licence; and
(iii) other information as may be required by the Act.
(2) Where the details required under sub-regulation (1)(d), are imprinted upon the pillar, the metal plate shall not be required.
(3) The pin, under sub-regulation (1)(a)-
(a) in sandy soil, shall not be less than 60 centimetres long; and
(b) where the ground is rock and it is impossible to drive an iron pin into it, a hole not less than one and half centimetres in diameter and two centimetres deep shall be drilled in the rock, which hole shall be in lieu of such pin.
61. Defacing, alteration, destruction, etc., of temporal or permanent beacon
A person who wilfully or maliciously defaces, alters the position of, removes, pulls down, injures, destroys or erects or renews in any position other than its proper or original position, a temporary beacon or permanent beacon, erected under these Regulations commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.
62. Destruction or disposal of samples
(1) The holder of an exploration licence in whose area geochemical surveying, reverse circulation or diamond drilling has been carried out shall not destroy or dispose of samples or diamond drill cores or the records relating thereto without written authority from the Director of Geological Survey.
(2) The Director of Geological Survey may take possession of such samples or cores or records relating thereto.
On the commencement of these Regulations, where an area is subject to a conflict or overlap that could affect the mining activity area, that area-
(a) shall be blocked off until the resolution of the conflict; and
(b) an application over that area shall not be accepted.
64. Revocation of S.I. No. 84 of 2008
The Mines and Minerals Development (General) Regulations, 2008 are revoked.
[Regulations 7, 8(1), 8(2), 8(4), 9, 10, 11, 12, 15(1), 16, 17, 18(1), 19, 20, 21(2), 21(3), 21(4), 23(2), 24, 26(1), 29(1), 30, 31, 32, 50(1), 56 and 58]
Form I
[Regulation 7]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
NOTE |
1. An application for large-scale or small-scale mining shall only be made by a company. |
2. A small-scale mining activity may only be undertaken by a citizen-owned, citizen influenced and citizen empowered company. |
3. Artisanal mining shall only be carried out by an individual or a co-operative. |
4. *Delete what is not applicable. |
Form II
[Regulation 8(1)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
{mprestriction ids="2,3,5"}
Form III
[Regulation 8(2)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Note: |
1. Company refers to a citizen-influenced company, citizen-owned company or a citizen-empowered company. |
2. List the specific minerals that fall under the preferred class in paragraph 4(a) which you want to trade in. |
3. Any declaration in this application which is to the knowledge of the maker, false or untrue, shall render this application void ab initio. |
Form IV
[Regulation 8(4)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Form V
[Regulation 9]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Note* - Delete whichever is not applicable
Form VI
[Regulation 10]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Form VII
[Regulation 11]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Form VIII
[Regulation 12]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
FORM FOR AUTHORISATION OF AGENT |
(1) Here insert the full names of the person authorising, name of the company and company registration No. and the name of the authorised company representative. | I/We (1) ...................................... |
have appointed (2) ................................ of |
|
.................................. to act as |
|
my/our agent for (3) ................... and request that all |
|
notices, requisition and communications relating thereto may be sent to |
|
(2) Here insert name and physical and postal address of agent. | such agent at the above address. |
I/We here hereby revoke all previous authorisations, if any, in respect of |
|
(3) Here state the particular matter or proceeding for which the agent is appointed, giving the reference number if known. | the same matter or proceedings. |
I/We hereby declare that I am/we are a (4) .......................................... |
|
............... |
|
(4) Here state nationality of principal. | Dated this ............ day of ............. 20... |
(5) ............. |
|
(5) To be signed by person appointing the agent. | Signature of principal |
(6) ...................... Address |
|
(6) Here insert the full trade or business address of principal. | Dated this ..... day of ............. 20... |
(7) ................. Signature of agent |
|
(7) To be signed by agent. | Appendix (8)* ............ |
(a) Certified copy of identity card |
|
(8) Here attach a certified copy of the identity card of mine person or registration certificate of the company appointing the agent. | (b) Certified copies of registration certificate |
Form IX
[Regulation 15(1)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
LETTER OF OFFER |
(1) Here insert the full names and address of applicant. | To (1) ................................................................................................. |
.......................................................................................................... |
|
IN THE MATTER OF (2) ........................................... |
|
you are hereby notified that your application for |
|
(2) Here insert the reference No. of the application. | (3) ............ has been accepted on the following conditions*: |
(a) .............................................. |
|
(3) Here insert type of application. | (b) .............................................. |
(c) .............................................. |
|
(d) .............................................. |
|
Dated this .... day of ................... 20.. |
|
......................................................... |
|
Form X
[Regulations 16, 23(2) and 24]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
NOTICE OF REJECTION OF APPLICATION |
(1) Here insert the full names and address of applicant. | To (1) ................................................................................................. |
.......................................................................................................... |
|
(2) Here insert the reference No. of the application. | IN THE MATTER OF (2) .......................................... |
you are hereby notified that your application for (3) ......... |
|
........................................ has been rejected on the following grounds: |
|
(3) Here insert type of application. | (a) .............................................. |
(b) .............................................. |
|
(c) .............................................. |
|
(d) .............................................. |
|
Dated this ...... day of .................. 20.. |
|
.................................................................................................... |
Form XI
[Regulation 18(1)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Form XII
[Regulation 19]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
NOTICE OF CHANGE IN PARTICULARS |
Licence No.: ............ Holder: ................. |
Notice is hereby given that the following particulars have changed: |
|
I, .............................................................................................., do hereby certify that the information shown above is true and correct. |
Signature: ................................ |
Designation: ........... |
Date: ............... |
Form XIII
[Regulation 21(2) and (3)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Form XIV
[Regulation 21(4)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Form XV
[Regulation 26(1)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Form XVI
[Regulation 29(1)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Form XVII
[Regulation 31]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Form XVIII
[Regulation 17(1)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Licence No. ...... |
EXPLORATION LICENCE |
Holder's name .................................................... |
Address ................................................... |
The exploration area shall be the area described in the Schedule and annexed hereto and bordered ......................................................................................... on the Plan. |
The licence relates to the following minerals .................................................... |
The licence relates to the following level of operation ................................. |
The licence is granted for a period of ..................... commencing on the ......... day of .............., 20.. |
The conditions of grant of the licence are as shown in the Annexures attached hereto. |
Issued at ............................ this .... day of .......... 20...... |
.................. |
ENDORSEMENT OF REGISTRATION |
This exploration licence has this ...... day of ............., 20..... been registered in the Register. |
.................. |
Form XIX
[Regulation 17(1)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Licence No. ..... |
MINING LICENCE |
Holder's name .................................................... |
Address .................................................. |
The mining areas shall be the area described in the Schedule and annexed hereto and bordered .................................... on the Plan. |
The licence relates to the following minerals ..................................................... |
The licence relates to the following level of mining operations ........................... |
The licence is granted for a period of ........................... commencing on the ......... day of .............., 20.. |
The conditions of grant of the right are as shown in the Annexures attached hereto. |
Issued at ................. this ................. day of .... 20........ |
................ |
ENDORSEMENT OF REGISTRATION |
This mining licence has this ............. day of ................., 20... been registered in the Register. |
..................... |
Renewals and Amendments |
|||
Date of Renewal or Amendment | Details of Renewal or Amendment | Date of Registration and Registration No. | Signature of Director |
Form XX
[Regulation 17(1)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Licence No. ...... |
MINERAL PROCESSING LICENCE |
Holder's name .................................................... |
Address ................................................. |
The mineral processing area shall be the area described in the Schedule and annexed hereto and bordered ................. on the Plan. |
The licence relates to the following minerals ..................................................... |
The licence is granted for a period of .......................... commencing on the ......... day of .............., 20.. |
The conditions of grant of the licence are as shown in the Annexures attached hereto. |
Issued at ...................... this ........ day of .................. 20........ |
................ |
ENDORSEMENT OF REGISTRATION |
This Mineral Processing Licence has this ....... day of ..............., 20... been registered in the Register. |
................ |
Renewals and Amendments |
|||
Date of Renewal or Amendment | Details of Renewal or Amendment | Date of Registration and Registration No. | Signature of Director |
Form XXI
[Regulation 17(2)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Permit No. .... |
MINERAL TRADING PERMIT |
Name of holder .................................................... |
Address .................................................. |
The permit relates to the following class of minerals ........................... |
The permit relates to the following minerals ........................................................ |
The certificate is valid for a period of one year commencing on the .................................... day of ............................., 20... |
The conditions of grant of the certificate are as shown in the Annexures attached hereto. |
Issued at ............................ this ....... day of ........... 20.......... |
............. |
ENDORSEMENT OF REGISTRATION |
This Mineral Trading Permit has this .................... day of .........., 20..... been registered in the Register. |
............... |
Form XXII
[Regulation 17(2)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Permit No. .... |
GOLD PANNING CERTIFICATE |
Holder's name .................................................... |
Address .............................................,,.... |
The panning areas shall be the area described in the Schedule and annexed hereto and bordered ................. on the Plan. |
The certificate relates to gold panning operations only. |
The certificate is granted for a period of ........................ commencing on the ............... day of ......., 20.. |
The conditions of grant of the right are as shown in the Annexures attached hereto. |
Issued at ................ this ......... day of ........................ 20......... |
............... |
ENDORSEMENT OF REGISTRATION |
This Gold Panning Certificate has this ........................ day of .................., 20... been registered in the Register. |
................... |
Form XXIII
[Regulation 17(2)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Permit No. .... |
MINERAL IMPORT PERMIT |
Importer's name .................................................... |
Address ................................................. |
The permit relates to the following minerals or mineral products (or as per attached schedule) ..................................................................... ......................................................... valued at .................................................. and being imported from ..................................................... |
The permit is granted for a period of .................... commencing on the ................. day of ........, 20.. |
The conditions of grant of the permit are as shown in the Annexures attached hereto. |
Issued at .............. this ........... day of ................... 20........ |
................ |
ENDORSEMENT OF REGISTRATION |
This Mineral Import Permit has this ............................. day of ........., 20.... been registered in the Register. |
............... |
Form XXIV
[Regulation 17(2)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Permit No. .... |
MINERAL EXPORT PERMIT |
Exporter's name .................................................... |
Address .................................................. |
The permit relates to the following minerals or mineral products (or as per attached schedule) .................................................................... ......................................................... valued at ..................................................... and being exported to |
The permit is granted for a period of .................... commencing on the ...........day of ........, 20..... and is valid for ............. shipments. |
The conditions of grant of the permit are as shown in the Annexures attached hereto. |
Issued at .......... this ........... day of ................ 20....... |
............... |
ENDORSEMENT OF REGISTRATION |
This Mineral Export Permit has this ........................ day of ............, 20..... been registered in the Register. |
................ |
Form XXV
[Regulation 17(2)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Authorisation No. ...... |
AUTHORISATION TO ACQUIRE/STORE/TRANSPORT/SELL/IMPORT/EXPORT* |
Name of authorisation holder....................................... |
Address .................................................. |
Radiation Protection Authority Licence No. .............................................................. |
The authorisation relates to the following minerals or minerals products .......................... ................................................ valued at ................................................ and being procured from ....................................................... ......................................................... |
The authorisation is granted for a period of .............................. commencing on the ....... day of ..................... and is valid for .................. shipment for the purpose of ........................................................................... |
The conditions of grant of the authorisation are as shown in the Annexures attached hereto. |
Issued at ............... this ...... day of ................ 20........ |
............. |
ENDORSEMENT OF REGISTRATION |
This Authorisation has this .......................... day of ............................, 20.... been registered in the Register. |
............ |
Form XXVI
[Regulation 17(2)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Certificate No. ........ |
MINERAL ANALYSIS CERTIFICATE |
Client's name .................................................. |
Mining Right or Licence No. (where applicable) .................................. |
Address .................................................................................. |
The certificate relates to minerals or mineral products analysed as follows (or as per attached schedule): |
Item No. | Description | Parameters | Analytical Method |
1. | |||
2. | |||
3. | |||
4. | |||
5. | |||
6. |
The conditions of grant of the certificate are as shown in the Annexures attached hereto. |
|
Analysed by: Name: ............ | Verified by: Name :............................. |
Post: ........ | Post: ................................ |
Signature: ....... | Signature: .................................. |
Date: ........ | Date: ................................. |
Issued at .................... this .......... day of .......... 20....... |
|
......................... |
|
ENDORSEMENT OF REGISTRATION |
|
This Mineral Analysis Certificate has this ............... day of ........... 20.... been registered in the Register. |
|
.......................... |
Form XXVII
[Regulation 17(2)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Certificate No. ........ |
VALUATION CERTIFICATE |
Name ....................................................... |
Permit/Licence No. (where applicable) ......................................... |
Address ................................................................................. |
The certificate relates to minerals or mineral products valuated as follows (or as per attached schedule): |
Name of Mineral | Description | Grade | Quantity | Colour | Unit Value | Total |
Total wt: ................ | Total US$: .................. |
The conditions of grant of the certificate are as shown in the Annexures attached hereto. |
|
Examined by: Name: .......... | Verified by: Name: .................................. |
Post: .......... | Post: ................................... |
Signature: ..... | Signature: ................................ |
Date: ......... | Date: ................................ |
Issued at .................... this ...... day of .......... 20........ |
|
......................... |
|
ENDORSEMENT OF REGISTRATION |
|
This Valuation Certificate has this ........................... day of ..........., 20.... been registered in the Register. |
|
............................ |
Form XXVIII
[Regulation 32]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
Certificate No. ........ |
CERTIFICATE OF ABANDONMENT |
Holder's name ...................................................... |
Address ................................................... |
The abandoned area shall be the area described in the Schedule and annexed hereto and bordered ........................................... on the Plan. |
he area abandoned was in respect of the following minerals ...................... |
The abandonment certificate takes effect commencing on the ................... day of ......................., 20.. and I hereby impose the attached conditions of abandonment. |
Issued at .................. this ....... day of ................... 20...... |
................ |
ENDORSEMENT OF REGISTRATION |
This Certificate of Abandonment has this ....................... day of .........., 20...... been registered in the Register. |
................ |
Form XXIX
[Regulation 58(3)]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
PEGGING CERTIFICATE |
Side | Distance (Metres) | Angles of Direction (deg, min, sec) | CO-ORDINATES SYSTEM: Geographical Co-ordinates Systems |
|||
Point | Latitude | Longitudes | Diagram No. |
|||
Approved by: |
||||||
Scale: 1:500000 |
||||||
SPACE FOR DIAGRAM |
||||||
Figure .................... represents ......... kilometres squared of land for ................... situated in ........................................ districts of .................. province of Zambia. |
||||||
Surveyor: ............ Date: ................... Sign: .......... |
||||||
Examiner: ................. Sign: .................... |
||||||
Licence No.: | Beacons description: |
Form XXX
[Regulation 30]
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
CONSENT TO ASSIGN/TRANSFER A MINING RIGHT OR MINERAL |
(1) Here insert the full names and address of applicant | To (1) .................................. |
IN THE MATTER OF (2) ........................................... you are hereby notified that your application for (3) ................................... has been accepted on the following *conditions: |
|
(2) Here Insert the reference No. of the application | (a) ....................................... |
(b) .......................................... |
|
(c) .......................................... |
|
(3) Here insert type of application | (d) ....................................... |
Dated this ..... day of ........ 20......... |
|
............. |
Form XXXI
[Regulation 20]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
MONTHLY SALES RETURN |
Name of holder: ....................................................... Month: ............................., 20....... |
|||||||||
Address: ............................................................. Permit No.: ................................................... |
|||||||||
MINERAL SALES AND EXPORTS |
|||||||||
Date | Name of Mineral | Name of Buyer | Weight (G/KG/T) | Local Sales (K) | Exports | Remarks |
|||
Valuation Certificate No. | Valued by | Country of destination | Sale Price (US$) |
||||||
TOTAL | |||||||||
I, .................................................................................... do hereby sincerely declare that the information given above is true and correct; and I make this certificate conscientiously believing the same to be true. |
|||||||||
Signature: ............................................................... |
|||||||||
To be submitted to: Director of Mines (2 copies) |
Form XXXII
[Regulation 20]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
MONTHLY PURCHASES RETURN |
MINERAL PURCHASES AND IMPORTS |
|||||||||
Date | Name of Mineral | Mine Own Production | Name of Seller | Weight (G/KG/T) | Local Purchases (K) | Imports | Remarks |
||
Valued by | Country of Origin | Sale Price (US$) | |||||||
TOTAL | |||||||||
I, ............................................................................................... do hereby sincerely declare that the information given above is true and correct; and I make this certificate conscientiously believing the same to be true. |
|||||||||
Signature: ....................................................... |
|||||||||
To be submitted to: Director of Mines (2 copies) |
Form XXXIII
[Regulation 50(1)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
MINERAL PRODUCTION RETURN-NON-METALS |
Name of Mine: .......................................................... Licence No.: ................................................. |
Name of Holder: ......................................................... Month: ....................................................... |
Waste Raised (a) | Ore Raised (b) | Ore Treated (a) | Marketable Products Obtained | Percent Metal/x Mineral | Remarks(c) |
|||
Tonnes | Source | Percent Metal/ Mineral | Name of Metal/ Mineral | Quantity (a) |
||||
(a) Unless otherwise stated all quantities are in tonnes. |
(b) Underground, opencast, stockpiles, old dumps, etc. |
(c) Please indicate briefly the reasons for significant changes in production. |
I, .............................................................. do hereby certify that the information given above is true and correct; and I make this certificate conscientiously believing the same to be true. |
Signature ............................................................ |
To be submitted to: |
Director of Mines (2 copies) |
Director of Mines Safety (1 copy) |
(Reverse of Form XXXIII) |
|||||
CHANGES IN STOCK DURING THE MONTH |
|||||
Month: ............, 20.. |
|||||
Kind of products | Stocks at beginning of month (a) | Additions to stocks during month (a) | Disposal from stocks during month (a) | Stocks at end of month (a) |
|
TOTAL | |||||
NOTES: |
|||||
(a) Unless otherwise stated, all quantities are in grams for gemstones production and in tonnes for other minerals. |
Form XXXIV
[Regulation 50(1)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
MINERAL PRODUCTION RETURN-METALS |
Name of Mine: .......................................................... Licence No.: ................................................. |
Name of Holder: ......................................................... Month: ....................................................... |
Quantities | Metal/ Mineral Grade (%) | Metal/ Mineral Content (t) | Metal/ Mineral Recovery (%) | Other Metal/Mineral contained |
||
Underground Mining | Waste raised | |||||
Ore raised | ||||||
Open Pit Mining | Waste raised | |||||
Ore raised | ||||||
Concentrator: | Ore treated | |||||
Retreatment of dumps | ||||||
Concentrate produced | ||||||
Concentrator: | Ore treated | |||||
Retreatment of dumps | ||||||
Concentrate produced | ||||||
Marketing of Concentrates | Conc. stockpiled | |||||
Conc. despatched to | ||||||
Conc. despatched to | ||||||
Conc. despatched to | ||||||
Conc. despatched to | ||||||
Conc. exported | ||||||
Other | ||||||
Total |
Origin of Products Smelted | Own concentrate | |||||
Conc. purchased from | ||||||
Conc. purchased from | ||||||
Conc. purchased from | ||||||
Conc. purchased from | ||||||
Other local purchases | ||||||
Concentrate imported | ||||||
Total Smelter Feed | ||||||
Smelter and Refinery Products | Intermediary product | |||||
Intermediary product | ||||||
Slags rejected | ||||||
Final Marketable Product | ||||||
Leaching SX EW Plants | Dumps & tailings treated | |||||
Crushed ore treated | ||||||
Other ores treated | ||||||
Final marketable product | ||||||
Total metal/mineral from own production | ||||||
Total metal/mineral from local purchases | ||||||
Total metal/mineral from imports | ||||||
(a) Unless otherwise stated all quantities are in tonnes. |
(b) Underground, opencast, stockpiles, old dumps, etc. |
(c) Please indicate briefly the reasons for significant changes in production. |
I, .............................................................................. do hereby certify that the information shown above is true and correct; and I make this certificate conscientiously believing the same to be true. |
Signature ............................................................ |
To be submitted to: |
Director of Mines (2 copies) |
Director of Mines Safety (1 copy) |
(Reverse of Form XXXIV) |
|||||
CHANGES IN STOCK DURING THE MONTH |
|||||
Month: ............, 20.. |
|||||
Kind of products | Stocks at beginning of month (a) | Additions to stocks during month (a) | Disposal from stocks during month (a) | Stocks at end of month (a) |
|
TOTAL | |||||
NOTES: |
|||||
(a) Unless otherwise stated, all quantities are in grams for gemstones production and in tonnes for other minerals. |
Form XXXV
[Regulation 56]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
(Act No. 11 of 2015) |
The Mines and Minerals Development (General) Regulations, 2016 |
NOTICE OF APPEAL |
IN THE MATTER OF .................................................................................. |
(Application reference and matter of appeal) |
I hereby give notice of appeal against the decision of the Director of Mines/Director of Mining Cadastre/Director of Mines Safety/Director of Geological Survey/Mining Licensing Committee due to the following reasons: |
(a) ............................................. |
(b) ............................................ |
(c) ..................................................... |
(d) ............................................ |
Dated this ........... day of ....................... 20.. |
................ |
[Regulations 7(1), 8(1), 8(2), 8(4), 9, 10, 11, 15(3), 18(1) and 57]
PRESCRIBED FEES, AREA CHARGES AND MAXIMUM AREAS FEES
Type of Mining Right or Application | Fee Units |
(1) Exploration licence | |
(a) Small-scale | 3000 |
(b) Large-scale | 10000 |
(2) Mining licence | |
(a) Artisanal | 3000 |
(b) Small-scale | 15000 |
(c) Large-scale | 160000 |
(3) Transfer of exploration licence | |
(a) Small-scale | 15000 |
(b) Large-scale | 160000 |
(4) Transfer of mining licence | |
(a) Small-scale | 15000 |
(b) Large-scale | 160000 |
(5) Alteration of exploration licence | |
(a) Small-scale | 2500 |
(b) Large-scale | 3000 |
(6) Alteration of mining licence | |
(a) Artisanal | 500 |
(b) Small-scale | 2500 |
(c) Large-scale | 3000 |
NON-MINING RIGHTS/OTHER CATEGORIES |
|
Licence, Certificate or Permit | Fee Units |
Mineral processing licence | 160000 |
Renewal of mineral processing licence | 160000 |
Transfer of mineral processing licence | 160000 |
Alteration of mineral processing licence | 3000 |
Mineral trading permit | 7000 |
Renewal of mineral trading permit | 7000 |
Gold panning certificate | 500 |
Mineral import permit | 3500 |
Mineral export permit | 750 |
Application for consent to acquire, store, transport or export radioactive minerals | 3500 |
Mineral analysis certificate | 750 |
Valuation certificate | 1000 |
Inspection of documents | 2000 |
Replacement of licence, permit or certificate | 3000 |
AREA CHARGES (FEE UNITS) |
||||
Type of Licence | Year 1-4 | Year 5-7 | Year 8-10 | Year 11 and later years where applicable |
Exploration licence (per hectare per year) | ||||
(a) Small-scale | 2 | 5 | - | |
(b) Large-scale | 4 | 12 | 16 | |
Mining licence (per hectare per year) | ||||
(a) Artisanal mining | 14 | 14 | 14 | 14 |
(b) Small-scale mining | 28 | 28 | 28 | 28 |
(c) Large Scale Mining | 56 | 56 | 56 | 56 |
Mineral processing licence (per hectare per year) | 56 | 56 | 56 | 56 |
Excess exploration ground | 22 | 22 | 22 | 22 |
PRESCRIBED MAXIMUM AREAS |
|||
Type of Mining Right or Licence | Maximum Area |
||
Square kilometers | Hectares | Cadastre units |
|
Exploration licence | |||
(a) Small-scale | 10 | 1000 | 3000 |
(b) Large-scale | 2000 | 200000 | 59880 |
Mining licence | |||
(a) Artisanal | 0.0668 | 6.68 | 2 |
(b) Small-scale | 4 | 400 | 120 |
(c) Large-scale | 250 | 25000 | 7485 |
MINIMUM ANNUAL EXPLORATION EXPENDITURE PER HECTARE |
||||||||||
Type of Licence | Fee Units per hectare per year |
|||||||||
Year 1 | Year 2 | Year 3 | Year 4 | Year 5 | Year 6 | Year 7 | Year 8 | Year 9 | Year 10 |
|
Exploration licence | 40 | 40 | 40 | 40 | 120 | 120 | 120 | 160 | 160 | 160 |
[Regulation 17(3)]
CONDITIONS OF LICENCES, CERTIFICATES, PERMITS AND AUTHORISATIONS
A CONDITIONS OF GRANT OF A MINING LICENCE - LARGE-SCALE MINING |
1. The holder shall- |
(a) develop the mining area in accordance with the approved programme of mining operations; |
(b) execute the environmental management plan; |
(c) implement the local business development programme; |
(d) employ and train Zambians in accordance with the approved program; |
(e) demarcate the mining area and keep it demarcated; |
(f) pay mineral royalty in accordance with the Mines and Minerals Development Act, No. 11 of 2015 and the Income Tax Act, Cap. 323; |
(g) maintain at the holder's office complete and accurate technical and financial records of the mining operations; |
(h) permit authorised officers, at any time, to inspect all records, mining and mineral processing operations; |
(i) submit statutory reports and any other information concerning the mining or mineral processing operations; |
(j) submit a copy of the annual audited financial statements within three months of the end of each financial year; |
(k) submit reports on external supplies of ore, concentrates, tailings, slimes or any other mineral fed to the plant; |
(l) provide current information on recovery from ores, mineral products, production costs and sales; |
(m) conduct operations only upon meeting the requirements of the Environmental Management Act No. 12 of 2011; |
(n) contribute to the Environmental Protection Fund as required under the Mines and Minerals Development Act, 2015; |
(o) obtain appropriate insurance for all phases of the mining operations; |
(p) give preference to Zambia products and services; |
(q) submit a pegging certificate for approval within 180 days of grant of licence; and |
(r) comply with the provisions of the Mines and Minerals Development Act, No. 11 of 2015 and other relevant laws of Zambia. |
2. Illegal mining and trade is not permitted in the licensed area. |
3. The holder shall not enter into an agreement or transfer of the licence without the prior consent of the Minister. |
4. The holder shall be liable for harm or damage caused by the mining or mineral processing operations and shall compensate a person to whom harm or damage is caused. |
5. The holder shall not exercise a right under the licence without the prior consent of the legal occupiers of the land or local chiefs. |
6. Other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
.............................................................................................................................................. |
B. CONDITIONS OF GRANT OF AN EXPLORATION LICENCE - LARGE-SCALE EXPLORATION |
1. The holder shall- |
(a) pay the relevant taxes under the Income Tax Act, Cap. 323; |
(b) promote local business development; |
(c) execute the environmental management plan; |
(d) employ and train Zambians; |
(e) execute the programme of prospecting; |
(f) commence the exploration operations within 180 days of grant of the licence; |
(g) give notification of any discovered minerals or commercial deposits within 30 days of the discovery; |
(h) give preference to Zambian products and services; |
(i) permanently preserve or make safe any water boreholes and surrender water rights on expiry of licence; |
(j) surrender to Government the drill cores and other mineral samples; |
(k) remove, within 60 days of the expiry, cancellation or termination of the exploration licence, any camp, temporary buildings or machinery and repair or make good any damage as required under the Mines and Minerals Development Act, No. 11 of 2015; |
(l) keep and preserve such records as the Minister may prescribe in relation to the environment; |
(m) submit reports to the Director of Geological Survey, Director of Mines and Director of Mines Safety in both hard and electronic copies; |
(n) keep full and accurate records of the prospecting operations, at the holder's office; |
(o) obtain appropriate insurance for all phases of its operations; |
(p) submit a pegging certificate for approval within 180 days of grant of the licence; and |
(q) comply with the provisions of the Mines and Minerals Development Act, No. 11of 2015 and other relevant laws of Zambia. |
2. The holder shall- |
(a) expend on exploration operations each year, not less than the minimum annual exploration expenditure set out in the Second Schedule, failing which the holder commits an offence and is liable, on conviction, to a fine- |
(i) equal to the difference between the minimum annual exploration expenditure and the amount actually expended on exploration operations in that year if less than five hundred thousand penalty units; or |
(ii) of five hundred thousand penalty units if the difference between the minimum annual exploration operations in that year exceeds the equivalent of five hundred thousand penalty units; and |
(b) submit annual exploration expenditure statements accompanied by copies of relevant transaction documents to the Director of Geological Survey. |
3. The holder shall be liable for harm or damage caused by the exploration operations and shall compensate a person to whom harm or damage is caused. |
4. The holder shall not exercise a right under the licence without the prior consent of the legal occupiers of the land or local chiefs. |
5. Other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
.............................................................................................................................................. |
C. CONDITIONS OF GRANT OF AN EXPLORATION LICENCE - SMALL-SCALE EXPLORATION |
1. The holder shall- |
(a) pay the relevant taxes under the Income Tax Act, Cap. 323; |
(b) execute the environmental project brief; |
(c) execute the programme of prospecting operations; |
(d) commence the prospecting operations within 180 days of the grant; |
(e) give notification of discovered minerals or commercial deposits within 30 days of the discovery; |
(f) give preference to Zambian products and services; |
(g) permanently preserve or make safe any water boreholes and water rights on expiry of the licence; |
(h) surrender to Government, without compensation, drill cores and other mineral samples; |
(i) remove, within 60 days of expiry or termination of the exploration licence, any camp, temporary buildings or machinery, and repair or make good any damage as specified by the Director of Geological Survey; |
(j) keep and preserve such records as the Minister may prescribe in relation to the environment; |
(k) submit reports to the Director of Geological Survey, Director of Mines or Director of Mines Safety in both hard and electronic copies; |
(l) keep full and accurate records, at the holder's office, of the prospecting operations; |
(m) obtain appropriate insurance for phases of its operations; |
(n) submit a pegging certificate for approval within 180 days of grant of permit; and |
(o) comply with the provisions of the Mines and Minerals Development Act, No. 11 of 2015 and other relevant laws of Zambia. |
2. The holder shall be liable for harm or damage caused by the prospecting operations and shall compensate a person to whom harm or damage is caused. |
3. The holder shall not exercise a right under the licence without the prior consent of the legal occupiers of the land or local chiefs. |
4. Other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
.............................................................................................................................................. |
D. CONDITIONS OF GRANT OF MINING LICENCE - SMALL-SCALE MINING |
1. A holder shall- |
(a) develop the mining area in accordance with the approved programme of mining operation; |
(b) execute the environmental management plan; |
(c) demarcate the mining area and keep it demarcated; |
(d) pay mineral royalty in accordance with the Mines and Minerals Development Act, No. 11 of 2015 and the Income Tax Act, Cap. 323; |
(e) maintain at the holder's office, complete and accurate technical and financial records of mining operations; |
(f) permit authorised officers, at any time, to inspect all records, mining or mineral processing operations; |
(g) submit statutory reports, records and other information concerning mining operations; |
(h) submit copies of annual audited financial statements within three months of the end of each financial year; |
(i) submit reports on external supplies of ore, concentrates, tailings slimes or other mineral fed to the plant; |
(j) provide current information on recovery from ores, mineral products, production costs and sales; |
(k) conduct operations only upon meeting the requirements under the Environmental Management Act, No. 12 of 2011; |
(l) contribute to the Environmental Protection Fund as required under the Mines and Minerals Development Act, No. 11 of 2015; |
(m) obtain appropriate insurance for phases of its operations; |
(n) submit a pegging certificate for approval within 180 days of grant of licence; and |
(o) comply with the provisions of the Mines and Minerals Development Act, 2015 and other relevant laws of Zambia. |
2. Illegal mining and trade are not permitted in the mining area. |
3. The holder shall not enter into an agreement or transfer the licence without the prior consent of the Minister. |
4. The holder shall be liable for harm or damage caused by the mineral processing or mining operations and shall compensate a person to whom harm or damage is caused. |
5. The holder shall not exercise a right under the licence without the prior consent of the legal occupiers of the land or local chiefs. |
6. Other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
.............................................................................................................................................. |
E. CONDITIONS OF GRANT OF A MINERAL PROCESSING LICENCE |
1. The holder shall- |
(a) pay taxes under the Income Tax Act, Cap. 323; |
(b) pay mineral royalty; |
(c) commence operations within three years of the grant; |
(d) execute the approved programme of mineral processing operations; |
(e) expend not less than the approved amount on mineral processing operations; |
(f) submit reports on source of ore, concentrates, tailing, slimes or other mineral fed to the plant; |
(g) submit statutory reports and other information concerning the operation; |
(h) execute the environmental management plan; |
(i) provide current information on recovery from ores, mineral products, production costs and sales; |
(j) conduct operations only upon meeting the requirements of the Environmental Management Act, No. 12 of 2011; |
(k) contribute to the Environmental Protection Fund as required under the Mines and Minerals Development Act, No. 11 of 2015; |
(l) obtain appropriate insurance for all phases of its operations; |
(m) submit a pegging certificate for approval within 180 days of grant of licence; and |
(n) comply with the provisions of the Mines and Minerals Development Act, No. 11 of 2015 and other relevant laws of Zambia. |
2. The holder shall not enter into an agreement or transfer the licence without the prior consent of the Minister. |
3. The holder shall be liable for harm or damage caused by the mineral processing operations and shall compensate a person to whom harm or damage is caused. |
4. The holder shall not exercise a right under the licence without the prior consent of the legal occupiers of the land or local chiefs. |
5. Other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
.............................................................................................................................................. |
F. CONDITIONS OF GRANT OF MINING LICENCE - ARTISANAL MINING |
1. The holder shall- |
(a) submit statutory reports and other information concerning the operation; |
(b) pay mineral royalty and other charges in accordance with the Mines and Minerals Development Act, No. 11 of 2015; |
(c) execute the environmental project brief; |
(d) maintain production and financial records at the holder's office; |
( |
(f) conduct operations only upon meeting the requirements of the Environmental Management Act, No. 12 of 2011; |
(g) contribute to the Environmental Protection Fund as required under the Mines and Minerals Development Act, No. 11 of 2015; |
(h) submit a pegging certificate for approval within 180 days of grant of the right; and |
2. The holder shall be liable for harm or damage caused by the mineral processing operations and shall compensate a person to whom harm or damage is caused. |
3. The holder shall not exercise a right under the licence without the prior consent of the legal occupiers of the land or local chiefs. |
4. Other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
.............................................................................................................................................. |
G CONDITIONS OF A MINERAL TRADING PERMIT |
1. A mineral trading permit is not transferable. |
2. A holder shall submit monthly purchases and sales returns with the names and addresses of the sellers and purchasers. |
3. A holder shall at all times make the records available for inspection by an authorised officer. |
4. The holder shall comply with the provisions of the Mines and Minerals Development Act, No. 11 of 2015 and other relevant laws of Zambia. |
5. The other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
H. CONDITIONS OF GRANT OF A MINERAL EXPORT PERMIT |
1. A mineral export permit is not transferable. |
2. A mineral export permit shall not be applicable to radioactive minerals. |
3. The holder shall comply with the provisions of the Mines and Minerals Development Act, No. 11 of 2015 and other relevant laws of Zambia. |
4. The other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
.............................................................................................................................................. |
I. CONDITIONS OF GRANT OF A MINERAL IMPORT PERMIT |
1. A mineral import permit is not transferable. |
2. A mineral import permit shall not be applicable to radioactive minerals. |
3. The holder shall comply with the provisions of the Mines and Minerals Development Act, No. 11 of 2015 and other relevant laws of Zambia. |
4. The other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
.............................................................................................................................................. |
J. CONDITIONS OF GRANT OF AUTHORISATION TO ACQUIRE/STORE/TRANSPORT/SELL/ IMPORT/ EXPORT RADIOACTIVE MINERALS |
1. The holder shall not transfer the permit. |
2. The permit holder shall comply with the requirements of the Ionising Radiation Protection Act, No. 16 of 2005. |
3. The acquisition, storage, transportation, sale or export of radioactive minerals or concentrates shall be done in accordance with the Mines and Minerals Development (Prospecting, Mining and Milling of Uranium Ores and Other Radioactive Minerals) Regulations, 2008. |
4. The holder shall comply with the provisions of the Mines and Minerals Development Act, No. 11 of 2015 and other relevant laws of Zambia. |
5. The other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
K. CONDITIONS OF GRANT OF AN ABANDONMENT CERTIFICATE |
1. The abandonment does not relieve the person granted the abandonment certificate of obligations or liabilities incurred before the grant. |
2. The abandonment certificate is not transferable to another person or mining right area held by the person granted the abandonment certificate. |
3. The holder shall comply with the provisions of the Mines and Minerals Development Act, No. 11 of 2015 and other relevant laws of Zambia. |
4. The other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
L CONDITIONS OF GRANT OF A MINERAL ANALYSIS CERTIFICATE |
1. The mineral analysis certificate is granted in respect of the mineral commodity analysed and shall not be transferable to another consignment or person. |
2. The certificate shall be admissible in the assessment of mineral royalty. |
3. The holder shall comply with the provisions of the Mines and Minerals Development Act, No. 11 of 2015 and other relevant laws of Zambia. |
4. The other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
M. CONDITIONS OF GRANT OF A MINERAL VALUATION CERTIFICATE |
1. The mineral valuation certificate is granted in respect of the mineral commodity analysed and shall not be transferable to another consignment or person. |
2. The certificate shall be admissible in the assessment of mineral royalty. |
3. The holder shall comply with the provisions of the Mines and Minerals Development Act, No. 11 of 2015 and other relevant laws of Zambia. |
4. The other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
N. CONDITIONS OF GRANT OF GOLD PANNING CERTIFICATE |
1. The holder shall- |
(a) submit labour and mineral production returns; |
(b) pay mineral royalty and other charges in accordance with the Mines and Minerals Development Act, 2015; |
(c) execute the environmental project brief; |
(d) maintain production and financial records at the holder's office; |
(e) provide current information on recovery from ores, mineral products, production costs and sales; |
(f) conduct operations only upon meeting the requirements of the Environmental Management Act, No. 12 of 2011; |
(g) not use chemicals in the processing of gold; and |
(h) comply with the provisions of the Mines and Minerals Development Act, 2015 and other relevant laws of Zambia. |
2. The holder shall be liable for harm or damage caused by the mineral processing operations and shall compensate a person to whom harm or damage is caused. |
3. The holder shall not exercise a right under the certificate without the prior consent of the legal occupiers of the land or local chiefs. |
4. Other terms and conditions are as follows: |
.............................................................................................................................................. |
.............................................................................................................................................. |
.............................................................................................................................................. |
MINING APPEALS (TRIBUNAL) RULES, 2018
[Section 101]
Arrangement of Rules
Rule
PART I
PRELIMINARY
PART II
INSTITUTION OF APPEALS
6. Power to require further particulars
PART III
PROCEEDINGS OF TRIBUNAL
12. Proceedings to be consolidated
13. Appearance before Tribunal
17. Production of document or information
19. Interlocutory applications
PART IV
DECISION OF TRIBUNAL
24. Communication of decision of Tribunal
PART V
GENERAL PROVISIONS
28. Service of notices, documents, etc.
SI 82 of 2018.
PART I
PRELIMINARY
These Rules may be cited as the Mining Appeals (Tribunal) Rules, 2018.
In these Rules, unless the context otherwise requires-
"Chairperson" means the person appointed as Chairperson of the Tribunal under section 98 of the Act;
"party" means a party to the proceedings;
"member" means a member of the Tribunal;
"proceedings" means proceedings before the Tribunal;
"Register" means the Register of appeals;
"Secretariat" means the Secretariat of the Tribunal;
"Tribunal" means the Mining Appeals Tribunal established under section 98 of the Act; and
"Vice-Chairperson" means the person appointed as Vice-Chairperson of the Tribunal under section 98 of the Act.
PART II
INSTITUTION OF APPEALS
The Mining Cadastre Department of the Mining shall provide the necessary Secretariat services to the Tribunal for the performance of its functions under these Regulations.
(1) A person may appeal to the Tribunal against an order or direction by the Minister in Form I set out in the Schedule within 30 days of the date of the order or direction.
(2) An appeal made under these Regulations shall be lodged with the Secretariat.
The Secretariat shall, on receipt of an appeal, serve or cause to be served a copy of the appeal on the respondent.
6. Power to require further particulars
(1) The Secretariat may, subject to any direction by the Chairperson, at any time after receiving the appeal, require the appellant to furnish, in writing, such particulars as may be necessary to ensure a fair hearing.
(2) The Secretariat shall, on receipt of the particulars referred to in sub-rule (1), send a copy of the statement to the respondent.
The respondent shall lodge with the Secretariat an answer within seven working days of receipt of the appeal.
(1) The Tribunal shall determine the date, time and place of hearing of an appeal.
(2) The Secretariat shall, at least 14 days before the hearing of the Tribunal, cause the notice of the date, time and place of hearing of the Tribunal to be served on the appellant and respondent in Form II set out in the Schedule.
(3) A party served with the notice referred to in sub-rule (2) may apply, in writing, to the Secretariat for a change of the date of hearing.
PART III
PROCEEDINGS OF TRIBUNAL
The Tribunal shall sit at a place and times that the Chairperson or, in the absence of the Chairperson, the Vice-Chairperson may determine, within 60 days of receipt of an appeal.
(1) The Tribunal shall hold its proceedings in public.
(2) Despite sub-rule (1), the Tribunal may, on an application by a party to the proceedings, direct that the proceedings be held in camera.
(3) Subject to the other provisions of these Rules and to any direction given by the Chairperson, the Tribunal may regulate its own procedure.
(4) There shall preside at any proceedings of the Tribunal-
(a) the Chairperson; or
(b) in the absence of the Chairperson, the Vice-Chairperson.
(1) Three members of the Tribunal shall constitute a quorum, which shall include either the Chairperson or the Vice-Chairperson.
(2) A hearing before the Tribunal shall for the purposes of Chapter XI of the Penal Code, be deemed to be a judicial proceeding.
(3) The determination of any matter before the Tribunal shall be according to the opinion of the majority of the members on the matter, except that-
(a) in the event of an equality of votes, the person presiding at the sitting shall have a casting vote in addition to a deliberative vote; and
(b) where in any matter before the Tribunal the dispute to be resolved is on a point of law, the decision of the person presiding at the sitting shall prevail.
(4) A member who is present at a meeting or hearing of the Tribunal at which any matter in which the member's relative or associate is directly or indirectly interested in a private capacity is the subject of consideration shall, as soon as is practicable after the commencement of the meeting or hearing, disclose such interest and shall not, unless the Tribunal otherwise directs, take part in any consideration or discussion of or vote on any question relating to that matter.
(5) A disclosure of interest made under this rule shall be recorded in the record of proceedings at which it is made.
(6) The validity of any proceedings, act or decision of the Tribunal shall not be affected by any vacancy in the membership of the Tribunal or by any defect in the appointment of any member or by reason that any person not entitled to do so, took part in the proceedings.
(7) The Tribunal shall cause to be kept a record of its proceedings.
12. Proceedings to be consolidated
Where more than one appeal is given to the Secretariat by different appellants relating to the same matter, the Tribunal may on its own motion or on an application, in writing, by a party to the appeal order that the appeals be consolidated.
13. Appearance before Tribunal
(1) A person appearing as a party before the Tribunal may appear in person or be represented by a practitioner.
(2) The respondent shall be afforded an opportunity to be heard in answer to the appeal.
(1) Where an appellant does not appear at the time and place appointed for the hearing, the Tribunal may strike off or dismiss the appeal.
(2) Where the respondent does not appear at the time and place appointed for the hearing of the appeal, the Tribunal may-
(a) proceed to hear an appeal; or
(b) adjourn the hearing on terms that the Tribunal considers appropriate.
(3) Where proceedings are dismissed or determined under this rule in the absence of a party, that party may, on an application, in writing, made by that party within 14 days of the dismissal or determination, apply to the Tribunal to set aside the dismissal or determination and give the reasons for that party's absence from the hearing.
(4) Where the Tribunal is satisfied that the reasons given by a party under sub-rule (3) are sufficient to set aside the dismissal or determination made under sub-rule (1) and (2), the Tribunal may set aside that dismissal or determination.
At the hearing-
(a) the appellant shall present the evidence on which the appeal is based;
(b) the respondent may adduce evidence to rebut the evidence of the appellant;
(c) the appellant may address the Tribunal by way of reply to the respondents's evidence;
(d) a party may call a witness or witnesses to adduce evidence; and
(e) the parties may, at the conclusion of the hearing, present oral or written submissions to the Tribunal.
(1) The Tribunal may receive, as evidence, a statement, document, information or other matter that may assist if effectively consider an appeal.
(2) The Tribunal may take judicial notice of a fact.
(3) Evidence before the Tribunal may be given orally or, if the parties to the proceedings consent or the Tribunal so orders, by affidavit.
(4) The Tribunal may, at any stage of the proceedings, make an order requiring the personal attendance of a deponent for examination and cross examination.
17. Production of document or information
(1) A party may, at any time during the hearing give to the other party a notice to produce any document to which the appeal relates which is in possession of that party.
(2) A party to the proceedings shall, on request, produce to the Secretariat, any document or other information which the Tribunal may require and which is in the power of that party to produce, and shall afford to every party to the proceedings an opportunity to inspect those documents or copies of the documents, and to make copies of the documents.
(3) A notice to produce any document shall be in Form III set out in the Schedule.
(1) The Tribunal may, during the hearing receive additional information relating to an appeal that it may consider necessary to enable it dispose of a matter.
(2) The Tribunal may, summon witnesses, call for the production and inspection of any book, document, record and other thing and examine the witness.
(3) A person giving evidence or summoned to give evidence or to produce a book, document, record or other thing before the Tribunal, is entitled to the same privileges and immunities as if the person were summoned to attend or were giving evidence in a civil proceeding before a High Court.
19. Interlocutory applications
(1) An interlocutory application in any proceedings shall be made to the Tribunal.
(2) An interlocutory application shall be in writing and shall state the title of the proceedings and the grounds on which the application is made.
(3) Where an interlocutory application is made with the consent of all the parties, the consent shall be in writing and signed by, or on behalf of, the parties.
(4) Where an interlocutory application is not made with the consent of all the parties, a copy shall, be served on the other party or parties and the interlocutory application shall state that service has been effected.
(5) A party who objects to an interlocutory application may, within 14 days, after the service of a copy on the party, send written notice of objection to the Tribunal and a copy to the applicant.
(6) The Tribunal shall, before making an order on an interlocutory application, hear the parties to the application.
(7) An appeal shall not lie against a decision of the Tribunal on an interlocutory application.
(1) An appellant may withdraw the appeal-
(a) at anytime before the hearing of the appeal; or
(b) with the consent of the Tribunal at anytime during the hearing of the appeal, but before a final determination by the Tribunal.
(2) An appellant who intends to withdraw the appeal shall lodge a notice of withdrawal, in writing, to the Secretariat.
(3) The Secretariat shall serve a copy of the notice of withdrawal referred to under sub-rule (2), on the parties to the appeal.
(4) The Tribunal may, where the hearing of an appeal has commenced, after receiving the notice of withdrawal under sub-rule (2), allow the appellant to withdraw the appeal.
(1) Where the parties agree on the terms of an order to be made by the Tribunal, particulars of the terms agreed on shall be in writing and signed by all the parties.
(2) The parties shall send the terms agreed on under sub-rule (1) to the Secretariat.
(3) The Tribunal may, in accordance with the terms agreed on under sub-rule (1), make an order in the presence or absence of the parties.
(1) The Tribunal may postpone the commencement of the hearing of an appeal or an application to withdraw the appeal.
(2) A hearing of an appeal may be adjourned.
PART IV
DECISION OF TRIBUNAL
The Tribunal shall render a decision on any matter within 60 days after the conclusion of the hearing of the matter.
24. Communication of decision of Tribunal
The Secretariat shall cause a decision of the Tribunal to be communicated to the parties concerned within seven days of making the decision.
PART V
GENERAL PROVISIONS
The expenses and costs of the Tribunal shall be paid out of funds appropriated by Parliament for the purpose of these Rules.
(1) The Tribunal may make orders for costs as it considers just having regard to the circumstances of the case.
(2) Where the Tribunal makes an order for costs, the costs and charges in connection with any proceedings before the Tribunal shall be the costs reasonably incurred by a party in connection with proceeding or part of those costs that may be determined by the Tribunal.
(3) The Tribunal shall assess the sum to be paid in accordance with the scale of fees for the time being in use by the High Court in civil cases.
(4) A party aggrieved with the assessment by the Tribunal may apply to the Chairperson to review the decision, within 14 days of the assessment.
A party who changes an address shall, within seven days of the change, by notice in writing, inform the Secretariat and the other parties of the change.
28. Service of notices, documents, etc.
(1) A notice or any other document required by these Rules to be served, may be served by delivering it personally to the person to whom it is addressed or may, where the Chairperson, or Vice-Chairperson, is satisfied that the person cannot be found, or is not in the Republic, be served on or brought to the knowledge of that person in a manner that the Chairperson may direct.
(2) An application or communication to be made to the Tribunal in respect of any matter before the Tribunal shall be addressed to the Secretariat.
A person aggrieved with the decision of the Tribunal may appeal to the High Court.
[Rules 3, 7 and 16]
(Seven copies)
FORM I
[Rule 3(1)]
 |
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
The Mining Appeals (Tribunal) Rules, 2018 |
NOTICE OF APPEAL |
(1) Here insert the full names of the parties | BETWEEN (1) ........................................................................................ |
AND |
|
(2) Here insert the full name of the person filing the appeal | ............................................................................................................... |
............................................................................................................... |
|
(3) Here insert the part(s) of the decision the appellant is aggrieved with | TAKE NOTICE THAT (2) ........................................................................... being dissatisfied with the decision of the *Minister/Secretariat given on the .......................... day of ....................., 20........ intends to appeal to the Tribunal/Chairperson against the whole decision or against the part or parts of the decision which decided that (3) ......................................................... |
(4) Signature of the Secretariat | TAKE NOTICE that the appellant will rely on the following grounds of appeal: |
Dated this .............. day of ......................., 20........ |
|
(4) .................................................... |
|
(5) Here insert the physical address where all documents will be served | The appellants address of service (5) |
FORM II
[Rule 7(1)]
|
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
The Mining Appeals (Tribunal) Rules, 2018 |
NOTICE OF HEARING |
(1) Here insert the full names of the parties | BETWEEN (1) ......................................................................................... |
AND |
|
(2) Here insert the names of town | ............................................................................................................... |
(3) Here insert the date | ............................................................................................................... |
(4) Here insert the month | TAKE NOTICE THAT the above matter will be heard and determined by the Mining Appeals Tribunal at (2) ............................................................. on the (3) ................... day of (4) ..................., 20.......... at. .......... hours in the ........................ noon. |
(5) Here insert the physical address of the venue where the hearing will be held | Place of hearing (5) .............................................................................. |
Dated this ............ day of ........................, 20....... |
|
(6) Signature of the Secretariat | (6) ................................ |
FORM III
[Rule 16(1)]
|
REPUBLIC OF ZAMBIA |
The Mines and Minerals Development Act, 2015 |
The Mining Appeals (Tribunal) Rules, 2018 |
NOTICE TO PRODUCE DOCUMENTS |
(1) Here insert the full names of the parties | BETWEEN (1) ....................................................................................... |
AND |
|
............................................................................................................... |
|
............................................................................................................... |
|
............................................................................................................... |
|
(2) Signature of the Secretariat | TAKE NOTICE THAT at the hearing of this appeal, the appellant intends to produce the following documents: |
Description of documents: Date of Documents |
|
1. .............................................................. |
|
2. ............................................................... |
|
3. ............................................................... |
|
(for other documents see overleaf) |
|
Dated this .......... day of ........................, 20......... |
|
(2) ..................................... |
MINES AND MINERALS DEVELOPMENT (REMISSION) (NDOLA LIME COMPANY LIMITED) REGULATIONS, 2020
[Section 93]
Arrangement of Regulations
Regulation
SI 28 of 2020.
These Regulations may be cited as the Mines and Minerals Development (Remission) (Ndola Lime Company Limited) Regulations, 2020.
Remission is granted for the mineral royalty payable by Ndola Lime Company Limited as set out in the Schedule.
[Regulation 2]
Tax | Amount |
Mineral royalty | 39,041,885.99 |